1) file an affidavit placing said facts on record
2)deed of exchange has to be executed duly stamped and registered for exchange of land
3) POA does not confer titleto property
Builder using POA to purchase/sell lands and file false civil cases
There is a person who is builder by profession. He has tried a lot in the past with all his tactics to convince us to sell our property to which we refused. Now there are 2 situations in which we are having to deal with him; Situation 1: on the east side of our property, he filed a case against us under the pretext of the POA of the adjacent land owner with all false reasons (that we abused the land owner and blocked her way etc..) to which we are suitably defending in the Hon’ble Court. The case is in stay status as per now. Situation 2: Now 3 years later, he still being under the guise of the POA has sold the land (referred above) to another person in exchange of their land which falls on the south side of my property, (He is going to begin construction in this south facing land and doing late night works to which we have complained to the Corporation with photograph) Kindly advise regarding the queries: - As he is involved in such kind of unofficial illegal transactions, all under the guise of being a POA, how can I bring this (situation 2 background ) to the notice of the Hon’ble Court in situation 1 above ? because he has cleverly tried not make any of this official and continuing with the POA guise only although he is the main person in purchasing the land. - Is this a case of benami transactions? As the online registration records don’t reflect this. They are trying to avoid registration duty payments of sale deeds and income tax etc and continuing with the POA status itself. Thanking you.
Asked 6 years ago in Property Law
Religion: Other
13 Answers
then you can complaint under the benami transactions prohibition Act 1988 and take action against him.You can report the same to various authorities that he has avoided the registration etc as stated by you
See in civil dispute though you can inform the court but the second situation will not affect the first one as separate transaction and as on paper they are right. It is not benami transaction for development POA can be given.
See they can bring on record the unregistered joint development and POA and that are valid as per law.
1. There is no illegality of exchanges land by way of registered deed of exchange.
2. Your remedy lies only against the nuisances like late night cosntructions works or dust and building materials dumping on your land, if so done.
3. There is no point in running after the POA as you have no locus standi n this nor evidently there is any irregularity on such transactions.
In both situations you have already taken necessary actions. In respect of whatever additional points you have, you may suitably file an additional affidavit covering them in the HC action.
The person who has given him power of attorney deed has to worry about this and not you.
If he is troubling you on behalf of the principal, you may strongly object to his stand as POA and can inform the court that he cannot represent the principal in the court beyond certain limit since the aggrieved person is the principal, hence any grievance that has to be expressed in the form of evidence before court, it is the principal who has to depose evidence and not the POA agent.
This stand will put a check on the progress of the builder in the form of unnecessary court case against you .
His benami transaction do not affect you hence do not take up that issue because it may back fire and you may not be able to proceed even an inch on the issue.
Dear Client
in this case you cannot approach the court without any Documentary proof. and for documentary proof you should approach the office of sub registrar from which you can ask the land records of sale and purchase through RTI which can help you to prove Benami transactions.
1. If it is criminal case then your counsel can use those documents while cross and as defence exhibits.
2. It is not a legally binding PoA. It is a sham.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Sir, while the civil suit (falsely filed by petitioner on us to grab part of my property) is pending, the petitioner/POA continue to give trouble to my building tenants by dumping all land waste (with poisonous insects and bad smell nuisance) in their land but close to my compound wall. In this regard I have filed online complaint to corporation and police, did I have to write in the letter top "without prejudice"? I did not, will this have any negative implications? the other thing is the basis on which they filed the false civil suit was an old gate they had fixed in my compound wall which they removed some days back. I have also raised this in the complaint to the corporation, police and also writing to the petitioner to fix my compound wall, the area where the bricks that were earlier removed to fix their gate, kindly advise if this was a right response or any other suitable way to bring this to the court's notice? is their case still valid when they have removed the gate on the basis of which they had filed the false case against me? kindly advise, thank you, - Anjana
Asked 6 years ago
it would not have negative implications if you have not written on top of letter without prejudice
your response was correct on removal of gate by your neighbour
You can do as directed or file writ Petition in court
No with out presence is.not required this will not affect the case.
See you can file.for rejection of the suit.
You need to file detailed statement / affidavit demonstrating the nuisance caused by your neighbour.
The words Without Prejudice, if not written will not have negative impact on your application / representation.
They do not have valid case, upon contest it will be disposed in your favour.
It is better to apprise the court of further developments by means of an additional affidavit, in consultation with your dealing advocate.